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No. If they do that they are breaking the law.

Minimum wage is the floor. If tips don’t bring your cash wage up to minimum, the employee has to get paid.



I thought Instacart was purportedly paying minimum wage and taking employee tips for themselves so long as the total paid was at least min wage.


Yes, but that is the point. The restaurant doesn’t pay minimum wage, instead using tips to make up the difference.




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